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Tappahannock City Zoning Code

ARTICLE VIII

NONCONFORMING USES

Sec. 22-78.- Effective Date of Chapter.

Whenever this article refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, creates a nonconforming situation.

Sec. 22-79. - Continuation.

a.

If, on the effective date of adoption or amendment of this chapter, any legal activity which is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided.

b.

If a change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

c.

If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

d.

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to becoming nonconforming are excluded.

e.

The construction or use of a nonconforming structure or land for which a permit was legally issued prior to the date on which such structure or use became nonconforming may proceed, provided that such structure is completed within one year, or such use of land established within 30 days after the date on which such use became nonconforming.

Sec. 22-80. - Repairs and Maintenance.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Sec. 22-81. - Changes in District Boundaries.

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

Sec. 22-82. - Expansion or Enlargement.

a.

A nonconforming structure may be expanded or enlarged by up to 50 percent of its size prior to becoming nonconforming, provided that applicable yard requirements for the district in which such structure is located are met. No additional land may be purchased for expansion of a nonconforming structure.

b.

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity.

Sec. 22-83. - Nonconforming Lots.

a.

Any nonconforming lot of record not occupied by a use on the date on which such lot becomes nonconforming, which is less in area or width than the minimum required by this chapter, may be used by a permitted use provided that setbacks and yard requirements of this chapter are met.

b.

Any conforming use occupying a nonconforming lot may restored or replaced; provided that the use is not changed to a nonconforming use; and provided further, that the same side yards and rear yards are maintained.

Sec. 22-84. - Restoration or Replacement.

a.

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstruction the entire activity, it shall be restored only if such use complies with the requirements of this chapter.

b.

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstruction the entire structure, it shall be restored only if it complies with the requirements of this chapter.

c.

Where a nonconforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored; provided, that any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

d.

The cost of land or any factors other than the cost of structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.